In the Matter of Global Development and Environmental Resources, Inc., Order of Suspension of Trading, 49956 [05-17001]
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49956
Federal Register / Vol. 70, No. 164 / Thursday, August 25, 2005 / Notices
utility assets by order dated December
14, 2004.
Holdings seeks authority to acquire all
of the issued and outstanding common
stock of MGU. The transaction is
structured as a stock-for-stock exchange
at a ratio of 25:1 in which the current
shareholders of MGU would exchange
the 57,590 outstanding common shares
of MGU for 2,303 common shares of
Holdings. As of December 31, 2004,
Holdings had 1,424,663 shares of
common stock issued and outstanding.
The acquisition of MGU would increase
the number of Holdings shares
outstanding to 1,426,966 shares.
The municipalities of Gallatin and
Hamilton, Missouri had initially
operated the gas utility assets now
owned by MGU. The municipalities
financed the construction of the assets
through a lease transaction. When the
municipalities defaulted on their lease
obligations, the trustee, acting on behalf
of the lenders, sought to sell the assets.
Pursuant to a sale authorized by the
Missouri Public Service Commission in
December 2004, MGU acquired the gas
distribution system in Gallatin and
Hamilton for an aggregate consideration
of $1.9 million, plus counsel and bank
fees of approximately $46,000. MGU
financed the acquisition with bank
financing in the amount of $2 million,
backed by a guarantee from Holdings.
CNG did not provide any financing for
MGU’s acquisition of the assets, nor did
it guarantee the loan.
Upon consummation of the
acquisition, MGU would be a whollyowned direct subsidiary of Holdings.
Holdings requests that the Commission
issue an order authorizing the
acquisition and exempting Holdings,
under Section 3(a)(1), from all
provisions of the Act, except Section
9(a)(2). In support of its request for an
order of exemption, Holdings asserts
that (i) MGU is not a material public
utility subsidiary, (ii) after the
acquisition, Holdings and CNG will
both be organized in Colorado, and (iii)
both Holdings and CNG also will be
predominantly intrastate in character
and carry on their business substantially
in Colorado. In support of its request for
approval of the acquisition, Holdings
submits that the combined utility
operations will be a single integrated
public utility system, operating in a
single area or region.
For the Commission, by the Division of
Investment Management, pursuant to
delegated authority.
Margaret H. McFarland
Deputy Secretary.
[FR Doc. E5–4649 Filed 8–24–05; 8:45 am]
SECURITIES AND EXCHANGE
COMMISSION
[File No. 500–1]
In the Matter of Global Development
and Environmental Resources, Inc.,
Order of Suspension of Trading
August 23, 2005.
It appears to the Securities and
Exchange Commission that there is a
lack of current and accurate information
concerning the securities of Global
Development and Environmental
Resources, Inc. (‘‘Global Development’’),
a non-reporting issuer quoted on the
Pink Sheets under the ticker symbol
GDVE. Questions have been raised
regarding the accuracy of information in
company press releases and on the
internet concerning Global
Development’s officers, operations and
products.
The Commission is of the opinion that
the public interest and the protection of
investors require a suspension of trading
in the securities of the above-listed
company.
Therefore, it is ordered, pursuant to
section 12(k) of the Securities Exchange
Act of 1934, that trading in the abovelisted company is suspended for the
period from 9:30 a.m. EDT August 23,
2005 through 11:59 p.m. EDT, on
September 6, 2005.
By the Commission.
Jonathan G. Katz,
Secretary.
[FR Doc. 05–17001 Filed 8–23–05; 12:05 pm]
BILLING CODE 8010–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–52298; File No. R–Amex–
2004–47]
Self-Regulatory Organizations;
American Stock Exchange LLC; Order
Granting Approval to Proposed Rule
Change and Amendment No. 1
Thereto, and Notice of Filing and Order
Granting Accelerated Approval to
Amendment No. 2 Thereto, Relating to
Listing and Trading of Yield Underlying
Participating Securities (YUPS)
August 18, 2005.
I. Introduction
On June 10, 2004, the American Stock
Exchange LLC (‘‘Amex’’) filed with the
Securities and Exchange Commission
(‘‘Commission’’), pursuant to Section
19(b)(1) of the Securities Exchange Act
of 1934 (‘‘Act’’) 1 and Rule 19b–4
1 15
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thereunder,2 a proposed rule change to
approve for listing and trading Yield
Underlying Participating Securities
(‘‘YUPS’’), representing a beneficial
ownership interest in the common stock
of a single, publicly-traded company
and a series of U.S. Treasury Securities
with quarterly maturities. On April 15,
2005, Amex filed Amendment No. 1 to
the proposed rule change. The proposed
rule change and Amendment No. 1
thereto were published for comment in
the Federal Register on April 22, 2005.3
The Commission received no
comments on the proposal. This order
approves the proposed rule change, as
amended by Amendment No. 1.
Simultaneously, the Commission
provides notice of filing of Amendment
No. 2 to the proposed rule change and
grants accelerated approval of
Amendment No. 2.4
YUPS will be eligible for listing and
trading, including trading pursuant to
unlisted trading privileges, pursuant
Commentary .03(a)–(f) of Rule 1202.5
YUPS will also be subject to
Commentary .13 to Amex Rule 170,6
which allows a limited exception for
specialist in Single TIRs, including the
YUPS, to buy on plus ticks and/or sell
on minus ticks to bring the Single TIR/
YUPS into parity with the underlying
securities. YUPS will not qualify for
side-by-side trading and integrated
market making as set forth in Amex
Rule 175(c)(2) and 985(e),7 under
Commentary .05 to Amex Rule 1202.
Furthermore, YUPS will be subject to
Commentary .06 to Amex Rule 1202,
regarding trading halts, and
Commentary .07 to Amex Rule 1202,
regarding allowable percentages set
forth in Section 107B of the Amex
Company Guide (‘‘Company Guide’’).8
2 17
CFR 240.19b–4.
Securities Exchange Act Release No. 51566
(April 18, 2005), 70 FR 20946 (‘‘YUPS Notice’’).
4 On August 16, 2005, the Exchange submitted
Amendment No. 2 to the proposed rule change.
5 The listing standards for YUPS described herein
were originally incorporated in a separate proposal
for generic listing standards for trust issued receipts
based on a single underlying listed security (‘‘Single
TIRs’’). See Securities Exchange Act Release No.
51567 (April 18, 2005), 70 FR 20939 (April 22,
2005) (‘‘Single TIR Proposal’’). Following Amex’s
withdrawal of the Single TIR Proposal, Amex
submitted Amendment No. 2 to this proposed rule
change to incorporate those same listing standards
solely for YUPS products. Therefore, in this order,
the Commission is only approving the listing and
trading of the YUPS-type product, which represents
beneficial ownership interests in the common stock
of a single publicly traded company and a series of
U.S. Treasury securities with quarterly maturities.
6 This new Commentary .13 to Amex Rule 170
was proposed in the Single TIR Proposal.
7 See Single TIR Proposal.
8 See Single TIR Proposal.
3 See
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Agencies
[Federal Register Volume 70, Number 164 (Thursday, August 25, 2005)]
[Notices]
[Page 49956]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-17001]
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SECURITIES AND EXCHANGE COMMISSION
[File No. 500-1]
In the Matter of Global Development and Environmental Resources,
Inc., Order of Suspension of Trading
August 23, 2005.
It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Global Development and Environmental Resources, Inc. (``Global
Development''), a non-reporting issuer quoted on the Pink Sheets under
the ticker symbol GDVE. Questions have been raised regarding the
accuracy of information in company press releases and on the internet
concerning Global Development's officers, operations and products.
The Commission is of the opinion that the public interest and the
protection of investors require a suspension of trading in the
securities of the above-listed company.
Therefore, it is ordered, pursuant to section 12(k) of the
Securities Exchange Act of 1934, that trading in the above-listed
company is suspended for the period from 9:30 a.m. EDT August 23, 2005
through 11:59 p.m. EDT, on September 6, 2005.
By the Commission.
Jonathan G. Katz,
Secretary.
[FR Doc. 05-17001 Filed 8-23-05; 12:05 pm]
BILLING CODE 8010-01-P